Shire of Kent Fencing Local Law 2023
3758GOVERNMENT GAZETTE, WA 20 November 2023
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3758 GOVERNMENT GAZETTE, WA 20 November 2023 5.8 Exhumation of a coffin (1) Subject to subclause (2), a person shall not exhume a coffin in a cemetery for the purposes of reburial within 12 months after the date of its interment. (2) Subclause (1) shall not apply where the exhumation is ordered or authorised pursuant to the Act. (3) Subject to subclause (1) and (2) prior to any other exhumation, the holder of a grant of right of burial must have applied in writing to the CEO requesting the exhumation and the CEO has authorised the exhumation. 5.9 Opening of coffin A person shall not open a coffin in a cemetery unless— (a) the coffin is opened for the purposes of the exhumation of a dead body; or (b) that person has produced to the CEO an order signed by the Commissioner of Police and the CEO has approved the opening of that coffin. PART 6—APPLICATIONS FOR MEMORIALS 6.1 Application to place memorial (1) Upon payment of the set fee, the Board may approve an application to place a memorial with or without conditions, including restricting use of materials such as wood, dimensions of a memorial etc, so as not to detract from the amenity of the cemetery. (2) The Board may require the written consent of the holder of the right of burial of the grave, the personal representative of a deceased person, or other person to the satisfaction of the CEO to accompany an application for a memorial made under section 30 of the Act. (3) Where written consent is not able to be produced, the Board may approve with or without conditions or decline an application in its absolute discretion. (4) If the Board refuses to approve an application under subclause (2), written notice of that refusal is to be provided to the applicant. 6.2 Australian War Graves Notwithstanding anything in this local law to the contrary, the Office of Australian War Graves— (a) may place a complying memorial on a military grave; and (b) is not required to pay the set fee for any memorial that is placed upon a military grave. PART 7—MEMORIALS PERMITTED 7.1 Requirement for memorial works (1) Memorial works shall comply with such requirements and conditions as may be imposed by resolution the Board, including but not limited to— (a) grave cover— (i) dimensions not to exceed the width and length of a standard grave without approval under clause 7.2(3); (ii) thickness not to exceed 150mm; and (iii) materials; (b) headstone, memorials and bases, monuments— (i) dimensions not to extend beyond any grave cover in place or the dimensions of a standard grave if no grave cover is in place; (ii) height; and (iii) materials; (c) plaques— (i) maximum dimensions; (ii) dimensions shall not extend beyond any base upon which the plaque is mounted; and (iii) materials; and (d) gravesite boundary, whether kerbing, loose or cemented rock, or fencing— (i) dimensions shall not to exceed the width and length of a standard grave without approval under clause 7.2(3); (ii) height; and (iii) materials. (2) Where memorial works are approved under subclause (1) and are to be undertaken by the Board, the memorial works shall be— (a) at the expense of the administrator; (b) the expense shall be calculated in accordance with the set fee; and (c) if specified, on the agreed date at the agreed time.